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Parking Consultants Agreement PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND WALKER PARKING CONSULTANTS/ENGINEERS, INC. TO CONDUCT A PARKING DEMAND ANALYSIS PURSUANT TO RFP No. 24-00/01 THIS AGREEMENT is made this J.Xi day of J IA. U4 ' 2001, by and between the CITY OF MIAMI BEACH, FLORIDA (City), which term shall include its officials, successors, legal representatives, and assigns, and WALKER PARKING CONSULTANTS/ENGINEERS, INC. (Consultant). SECTION 1 DEFINITIONS Agreement: City Manager: Consultant: This written Agreement between the City and the Consultant. "City Manager" means the Chief Administrative Officer of the City. For the purposes of this Agreement, Consultant shall be deemed to be an independent contractor, and not an agent or employee of the City. Final Acceptance: "Final Acceptance" means notice from the City to the Consultant that the Consultant's Services are complete, as same are set forth in Section 2 of this Agreement. Fixed Fee: Fixed amount paid to the Consultant to allow for its costs and margin 1 Project Coordinator: Proposal Documents: Risk Manager: Services: Termination: Task: of profit. An individual designated by the City Commission to coordinate, direct and review on behalf of the City all technical matters involved in the Services. Proposal Documents shall mean the a) Request for Proposals No. 24- 00101 to perform a Citywide Parking Demand, in contemplation of this Agreement, together with all amendments, and b) the Consultant's proposal and response (Proposal) which is incorporated by reference in this Agreement and made a part hereof. The Risk Manager of the City, with offices at 1700 Convention Center Drive, Third Floor, Miami Beach, Florida 33139. All services, work and actions by the Consultant performed pursuant to or undertaken under this Agreement described in Section 2. Termination of Consultant Services as provided in Section 4.11 of this Agreement. A discrete portion of the Services to be accomplished by the Consultant, as described in Section 2, as directed and authorized by the City. SECTION 2 SCOPE OF WORK AND SERVICES REQUIRED The scope of work to be performed by the Consultant is set forth in Exhibit "A," entitled 2 "Scope of Work" (Services). SECTION 3 COMPENSATION 3.1 FIXED FEE Consultant shall be compensated for the Services performed herein on a fixed fee basis of One Hundred and Forty-Eight Thousand Five Hundred and 00/100 Dollars ($148,500), and reimbursable expenses not to exceed Five Thousand and 00/100 Dollars ($5,000) for providing the Services as set forth in Exhibit "A". 3.2 METHOD OF PAYMENT Payment shall be made monthly to the Consultant pursuant to invoices or other submissions by the Consultant which detail or represent the completion of those tasks, as set forth in Exhibit "A". Specific milestones shall include the submission of an invoice documenting the completion of the proportion of the Services performed in each task. All submissions shall contain a statement that the items set forth therein are true and correct and in accordance with the Agreement. Payments shall be made within thirty (30) days of submission of the invoice or report to the City. SECTION 4 GENERAL PROVISIONS 4.1 RESPONSIBILITY OF THE CONSULTANT With respect to the performance of the Services, the Consultant shall exercise that degree of skill, care, efficiency and diligence normally exercised by recognized professionals with -3- respect to the performance of comparable Services. In its performance of the Services, the Consultant shall comply with all applicable laws and ordinances, including but not limited to, applicable regulations of the City, County, State, Federal Government, ADA, EEO Regulations and Guidelines. 4.2 PUBLIC ENTITY CRIMES State of Florida Form PUR 7068, Sworn Statement under Section 287.133(3)(a) Florida Statute on Public Entity Crimes as available with the office of the City Clerk shall be filed by Consultant. 4.3 PROJECT MANAGEMENT The Consultant shall appoint a qualified individual acceptable to the City to serve as Project Manager for the Services who shall be fully responsible for the day-to-day activities under this Agreement and who shall serve as the primary contact for the City's Project Coordinator. 4.4 DURATION AND EXTENT OF AGREEMENT The term of this Agreement shall be for a period not to exceed six (6) months from the date of execution of this Agreement. Provided, however, that as to any additional services requested by the City within such six (6) month period, such services may be completed beyond such six (6) month period, as mutually agreed to in writing by the parties, prior to their commencement. 4.5 TIME OF COMPLETION The Services to be rendered by the Consultant shall be commenced upon receipt of a written Notice to Proceed from the City subsequent to the execution of this Agreement, and Consultant shall adhere to the completion schedule as referenced by Exhibit "A" hereto. -4- A reasonable extension of time may be granted in the event the work of the Consultant is delayed or prevented by the City or by any circumstances beyond the reasonable control of the Consultant, including weather conditions or acts of God which render performance of the Consultant's duties impracticable. 4.6 NOTICE TO PROCEED Unless directed by the City otherwise, the Consultant shall proceed with work on the Services only upon issuance of a Notice to Proceed by the City. 4.7 OWNERSHIP OF DOCUMENTS AND EQUIPMENT All documents prepared by the Consultant pursuant to this Agreement are related exclusively to the Services described herein, and are intended or represented for ownership by the City. Any reuse by Consultant or the other parties shall be approved in writing by the City. The City acknowledges that documents prepared by Consultant are instruments of professional service. Nevertheless, the documents prepared under this Agreement shall become the property of the City upon completion of the work and payment in full of all monies due to the Consultant. The City shall not reuse or make any modification to the documents without the prior written authorization of the Consultant. 4.8 INDEMNIFICATION Consultant agrees to indemnify and hold harmless the City of Miami Beach and its officers, and employees from and against actions, claims, liabilities, losses, and expenses, including, but not limited to, reasonable attorneys' fees, for personal, economic or bodily injury, wrongful death, loss of or damage to property, at law or in equity, which may arise from the negligent acts, errors, or omissions of the Consultant, its employees, agents, sub- -5- consultants, or any other person or entity acting under Consultant's control, in connection with the Consultant's performance of the Services pursuant to this Agreement; and to that extent, the Consultant shall pay all such claims and losses and shall pay all such costs and judgements which may issue from any lawsuit arising from such claims and losses, and shall pay all costs and reasonable attorneys' fees expended by the City in the defense of such claims and losses, including appeals. The parties agree that one percent (1 %) of the total compensation to the Consultant for performance of the Services under this Agreement is the specific consideration from the City to the Consultant for the Consultant's Indemnity Agreement. The Consultant's obligation under this Subsection shall not include the obligation to indemnify the City of Miami Beach and its officers, employees and agents, from and against any actions or claims which arise or are alleged to have arisen from negligent acts or omissions or other wrongful conduct of the City and its officers, employees and agents. The parties each agree to give the other party prompt notice of any claim coming to its knowledge that in any way directly or indirectly affects the other party. 4.9 INSURANCE REQUIREMENTS The Consultant shall not commence any work pursuant to this Agreement until all insurance required under this Subsection has been obtained and such insurance has been approved by the City's Risk Manager. The Consultant shall maintain and carry in full force during the term of this Agreement and/or throughout the duration of its work on the services, the following insurance: 1. Consultant General Liability in the amount of $1,000,000.00. A certified copy of the Consultant's (and any sub-consultants') Insurance Policy must be filed and approved by the Risk Manager -6- prior to commencement. 2. Worker's Compensation & Employers Liability as required pursuant to Florida statute. At least thirty (30) days prior to termination, cancellation or reduction in coverage in the policy must be given to the City's Risk Manager by the Consultant and his insurance company. The insurance must be furnished by insurance companies authorized to do business in the State of Florida and approved by the City's Risk Manager. Original certificates of insurance for the above coverage must be submitted to the City's Risk Manager for approval prior to any work commencing. These certificates will be kept on file in the office of the Risk Manager, 3rd Floor, City Hall. The Consultant is responsible for obtaining and submitting all insurance certificates for their consultants. All insurance policies must be issued by companies authorized to do business under the laws of the State of Florida. The companies must be rated no less than "B+" as to management and not less than "Class VI" as to strength by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the City's Risk Manager. Compliance with the foregoing requirements shall not relieve the Consultant of the liabilities and obligations under this Subsection or under any other portion of this Agreement, and the City shall have the right to obtain from the Consultant specimen copies of the insurance policies in the event that submitted certificates of insurance are inadequate to ascertain compliance with required overage. 4.9.1 Endorsements All of Consultant's certificates, above, shall contain endorsements providing that written notice shall be given to the City at least thirty (30) days prior to termination, cancellation -7- or reduction in coverage in the policy. 4.9.2 Certificates Unless directed by the City otherwise, the Consultant shall not commence the Services until the City has received and approved, in writing, certificates of insurance showing that the requirements of this Subsection (in its entirety) have been met and provided for. 4.10 FINAL ACCEPTANCE When the Services have been completed, the Consultant shall so advise the City in writing. Final Acceptance shall not constitute a waiver or abandonment of any rights or remedies available to the City under any other Section of this Agreement. 4.11 4.11.1 TERMINATION. SUSPENSION AND SANCTIONS Termination for Cause If through any cause within the reasonable control of the Consultant, the Consultant shall fail to fulfill in a timely manner, or otherwise violate any of the covenants, agreements, or stipulations material to this Agreement, the City shall thereupon have the right to terminate the Services then remaining to be performed. Prior to exercising its option to terminate for cause, the City shall notify the Consultant of its violation of the particular terms of this Agreement and shall grant Consultant ten (10) days to cure such default. If such default remains uncured after (10) days, the City, upon seven (7) days notice to Consultant, may terminate this Agreement. In that event, all finished and unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports and other work products prepared by the Consultant and its subcontractors shall be properly delivered to the City and the City shall compensate the Consultant in accordance with Section 3 for all Services satisfactorily performed by the Consultant prior the date of the Notice of Termination. -8- Notwithstanding the above, the Consultant shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the Consultant and the City may reasonably withhold payments to the Consultant for the purposes of set- off until such time as the exact amount of damages due the City from the Consultant is determined. 4.11.2 Termination for Convenience of City The City may, for its convenience and without cause, terminate the Services then remaining to be performed at any time by giving written notice to Consultant of such termination, which shall become effective seven (7) days following receipt by Consultant of the written termination notice. In that event, all finished or unfinished documents and other materials as described in Section 2 and Exhibit "A" shall be properly delivered to the City. If the Agreement is terminated by the City as provided in this Subsection, the City shall compensate the Consultant for all Services satisfactorily performed by the Consultant, and for all expenses reasonably incurred by the Consultant in connection with termination of this Agreement, including but not limited to demobilization, and space and equipment costs, and reasonable direct costs of Consultant for assembling and delivering to City all documents. Such payment shall be the total extent of the City's liability to the Consultant due to a Termination for Convenience, as provided for in this Subsection. 4.11.3 Termination for Insolvency The City also reserves the right to terminate the remaining Services to be performed in the event the Consultant is placed either in voluntary or involuntary bankruptcy or makes an assignment for the benefit of creditors. In such event, the right and obligations for the parties shall be the same as provided for in Section 4.11.2. -9- 4.11.4 Sanctions for Noncompliance with Nondiscrimination Provisions In the event of the Consultant's noncompliance with the nondiscrimination provisions of this Agreement, the City shall impose such sanctions as the City or the State of Florida may determine to be appropriate, including but not limited to, withholding of payments to the Consultant under the Agreement until the Consultant complies and/or cancellation, termination or suspension of the Services. In the event the City cancels or terminates the Services pursuant to this Subsection the rights and obligations of the parties shall be the same as provided in Section 4.11.2. 4.11.5 Chanaes and Additions Each such change shall be directed by a written Notice signed by the duly authorized representatives of the Consultant. Said Notices shall provide an equitable adjustment in the time of performance, a reallocation of the task budget and, if applicable, any provision of this Agreement which is affected by said Notice. The City shall not reimburse the Consultant for the cost of preparing Agreement change documents, written Notices to Proceed, or other documentation in this regard. 4.12 ASSIGNMENT. TRANSFER OR SUBCONTRACTING The Consultant shall not subcontract, assign, or transfer any work under this Agreement without the prior written consent of the City. 4.13 SUB-CONSULTANTS Notwithstanding Subsection 4.12 above, the City hereby consents to and approves the subcontracting of certain services to be performed by the following Sub-Consultant: -10- The Corradino Group 4055 N. W. 97 Avenue Miami, FL 33178 Attn: Joseph Corradino (305) 594-0735 The Consultant shall be liable for the Consultant's services, responsibilities and liabilities under this Agreement and the services, responsibilities and liabilities of sub-consultants, and any other person or entity acting under the direction or control of the Consultant. When the term "Consultant" is used in this Agreement, it shall also be deemed to include any sub-consultants and any other person or entity acting under the direction or control of Consultant. 4.14 EQUAL EMPLOYMENT OPPORTUNITY In connection with the performance of this Agreement, the Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, ancestry, sex, age, national origin, place of birth, marital status, or physical handicap. The Consultant shall take affirmative action to ensure that applicants are employed and that employees are treated during their employment without regard to their race, color, religion, ancestry, sex, age, national origin, place of birth, marital status, disability, or sexual orientation. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or termination; recruitment or recruitment advertising; layoff or termination; rates of pay, or other forms of compensation; and selection for training, including apprenticeship. 4.15 CONFLICT OF INTEREST The Consultant agrees to adhere to and be governed by the Miami-Dade County Conflict of Interest Ordinance (No. 72-82), as amended; and by the City of Miami Beach Charter -11- and Code, which are incorporated by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder. The Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirectly which should conflict in any manner or degree with the performance of the Services. The Consultant further covenants that in the performance of this Agreement, no person having any such interest shall knowingly be employed by the Consultant. No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefits arising therefrom. Furthermore, the Consultant covenants that it will not contract with any other entity, public or private for similar or like services within the city limits of the City of Miami Beach, until such time that the City issues written acknowledgement as accepting the final study version of said study. 4.16 PATENT RIGHTS: COPYRIGHTS: CONFIDENTIAL FINDINGS Any patentable result arising out of this Agreement, as well as all information, design specifications, processes, data and findings, shall be made available to the City for public use. No reports, other documents, articles or devices produced in whole or in part under this Agreement shall be the subject of any application for copyright or patent by or on behalf of the Consultant or its employees or subcontractors. 4.17 NOTICES All communications relating to the day-to-day activities shall be exchanged between the Project Manager appointed by Consultant and the Project Coordinator designated by the City. The Consultant's Project Manager and the City's Project Coordinator shall be designated promptly upon commencement of the Services. All other notices and communications in writing required or permitted hereunder may be delivered personally to -12- the representatives of the Consultant and the City listed below or may be mailed by registered mail, postage prepaid (or airmailed if addressed to an address outside of the city of dispatch). Until changed by notice in writing, all such notices and communications shall be addressed as follows: TO CONSULTANT: Walker Parking Consultants, Inc. Attn: Uday Kirtikar, P.E. 4902 Eisenhower Boulevard, Suite 281 Tampa, FL 33634 (813) 888-5800 TO CITY: City of Miami Beach Parking Department Attn: Saul Frances, Parking Director 1130 Washington Avenue, Suite 100 Miami Beach, FL 33139 (305) 673-7000, extension 6483 WITH COPIES TO: Office of the City Attorney Attn: Murray H. Dubbin, City Attorney City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 Notices hereunder shall be effective: If delivered personally, on delivery; if mailed to an address in the city of dispatch, on the day following the date mailed; and if mailed to an address outside the city of dispatch on the seventh day following the date mailed. 4.18 LITIGATION JURISDICTIONNENUE This Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or . conditions herein exclusive venue for the enforcement of same shall lie in Miami-Dade -13- County, Florida. 4.19 ENTIRETY OF AGREEMENT This writing and the Services embody the entire Agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written with reference to the subject matter hereof that are not merged herein and superseded hereby. The Services, Consultant's Proposal Documents, and Request for Proposal No. 24-00/01, are hereby incorporated by reference into this Agreement. No alteration, change, or modification of the terms of this Agreement shall be valid unless amended in writing, signed by both parties hereto, and approved by the City Commission of the City of Miami Beach. This Agreement shall be governed by and construed according to the laws of the State of Florida. 4.20 LIMITATION OF CITY'S LIABILITY The City desires to enter into this Agreement only if in so doing the City can place a limit on the liability for any cause of action for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the sum of $10,000. Consultant hereby expresses its willingness to enter into this Agreement with Consultant's recovery from the City for any damage action for breach of contract to be limited to a maximum amount of $10,000. Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant hereby agrees that the City shall not be liable to the Consultant for damages in an amount in excess of $10,000, for any action or claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon the City by this Agreement. Nothing contained in this paragraph or -14- elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon the City's liability as set forth in Section 768.28, Florida Statutes. -15- IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first entered above. FOR CITY: CITY OF MIAMI BEACH, FLORIDA By: ~~ City Clerk By: ATTEST: M yor FOR CONSULTANT: WALKER PARKING CONSUL TANTSfENGINEERS, INC. ATTEST: By: 4 {' -/Jekr- . / Secretary - President By: APPROVED AS TO FORM & LANGUAGE & FOR ECUTION Corporate Seal 8<3~ 0 l W Date F:\PINGI$ALL ISAUL ICOMMRESOIMBPDEMAND2,AGR2.doc -16- SCOPE OF SERVICES EXHIBIT "A" -17- ~ ~ WALKER PARKING CONSULTANTS ~ WAlKER PARKING CONSULTANTS 4902 Eisenhower Boulevard . Suite 281 Tampa. FL 33634 Voice: 813.888.5800 fox: 813.888.5822 www.woJkerporking.com Mr. Saul Frances Director City of Miami Beach Parking System Historic Old City Hall 1130 Washington Avenue, Suite 100 Miami Beach, FL 33139 ., July 6,2001 . . (Revised: July 9, 2001) Senf via facsimile: 305.673]853/ U.S. Mail Re: North Beach 71' Street Parking Study City of Miami Beach, Florida Walker Project No. 15-1444.00 Dear Saul: It was a pleasure meeting with you and the bther staff members on Monday, May 21, 2001 and discussing the Miami Beach Parking Study project. I would like to thank you for this opportunity to submit a proposal for the remainder of the Parking Study Component of this project. It is our understanding that the remainder of the project includes the following areas: North Beach . 69~ Street to 75~ Street/lndi n Creek to Arlantic Ocean (included in the June 7, 2001 proposal that has bee approved and is currently underway). . Normandy Isle, Bay Drive to alais Drive from Rue Granville to Biarritz Drive and Bay Drive to Calais Drive from Rue Notre Dame to West Bay. . Altos Del Mar, Collins Avenue to Harding Avenue between 75~ Street to 87~ Terrace. Hotel Corridor - South . Collins Avenue to James Ave ue from 16~ Street to 23'" Street, including Cultural Campus. South Pointe . South Pointe Drive to 6~ Stre t and Alton Road to Ocean Drive. South Beach . Ocean Drive/Collins/Washi gton Avenues between 5~ and 16~ Streets . West Avenue/Alton Road fr m 5~ Street to 17~ Street. . Lincoln Road Corridor/16~ t 17'" Street from Alton Road to Washington Avenue. . (The Flamingo Park Area is a residential anchor that must be taken into account for when reviewing other compo ents of the study). j: \ 15-1444.00 city of miami beach study\report\nbch porkJlvdy prop rtJY.0709.doc Mr. Soul Frances Revised: July 9, 2001 Page 2 Hotel Corridor - Middle/North · Middle - Collins Avenue/Indian Creek Drive between 23:'! and 41" Streets. . North - Collins Avenue/Indian Creek Drive between 41 f and 630d Streets. Middle Beach · 40~ Street to 420d Street between Alton Road and Pinetree Drive. The following pages describe our Project Understanding, the proposed Scope of Services and Compensation. The Scope of Services is based on discussions in our meeting of May 21 , subsequent telephone conversations and emails. PROJECT UNDERSTANDING The City of Miami Beach is requesting a comprehensive parking study that can be used to help the City with its efforts to prepare for future development and growth in the above listed areas. Adequate and convenient parking is a critical issue for the success of future development and growth within the defined areas. A scope of services has been developed specifically for the City of Miami Beach Parking Study based on four tasks, as requested by the City. The City reserves the right to prioritize the sequencing of tasks and by area. The citywide parking study will address the following tasks: 1. Physical inventory and analysis. 2. Projection of future parking demand and need. 3. Alternative site analysis for future parking facilities. 4. Cost and feasibility analysis. 5. Public involvement. The following section of this proposal provides the scope of services which detail the work to be done on these tasks. SCOPE OF SERVICES SUPPLY /DEIvlAND STUDY 1 . Hold discussion with representatives of City of Miami Beach to further clarify study objectives, confirm the study area and parking analysis and projected schedule. 2. Obtain and review pertinent reports, studies, and statistical data regarding the study area. Included in this information should be land use data provided by the City (building square footage data on a building-by-building basis also identifying type of land use). Walker will provide a sample of the required format to the City. 3. Identify and contact major parking generators in the study area including the City, to understand their concerns and interests. Mr. Saul Frances Revised: July 9, 2001 Page 3 4. Inventory the on-street and off-street parking facilities within the study area. Record the type of parking (e.g. public, commercial, or private and whether .surface lot structure), number of spaces reserved and the type of access control (if any is in place), and parking rates. 5. Record the number of vehicles parked by facility during the inventary process. 6. Complete a license Plate Inventory (LPI), recording the location and duration of each vehicle. The LPI will be a sampling of the peak demand days and haurs in agreed upon areas (the samplings will be up to 50 parking spaces in each of the following areas; South Beach, lincoln Mall area, Middle Beach and North Beach). This will allow for a reasonable assumption af duration of stay by individual vehicles. 7. Perform parking occupancy counts on all public and private parking areas within the study zone. The caunts will be done on three days for up to ten hours (Wednesday, Saturday and Sunday). We will estimate the counts for private parking areas that refuse to allow access during the study. 8. Analyze field survey data and present in report and graphic form. Using this data, Walker's previous experience and published secondary data, develop parking demand ratios for the study area. 9. Calculate and compare parking demand with the current parking supply and identify areas with deficits and surpluses. 10. Determine the future parking demand under one development scenaria prepared by the client. Typically, the scenario should include committed development that reflects projects either currently under construction or expected to begin in the near future. 11 . Compare the parking supply with projected future demand to determine the impact the development scenario will have on area parking conditions. 12. Identify areas with parking deficiencies that are likely to require expansion of the parking supply. 1 3. Prepare a draft report for review and discuss findings with the client. 14. Incorporate the client's comments into the final report. ALTERNATIVES ANALYSIS 1 . Perform two additional alternative analysis, one for Middle Beach and one for South Beach. The alternative analysis for North Beach was part of the initial study. Mr. Saul Frances Revised: July 9, 200 1 Page 4 2. Review existing vehicular and pedestrian access and circulation patterns for their relationship to existing and proposed parking facilities. 3. Identify alternative sites for a new parking facility(s) and determine reasonable parking capacity for each site. External variables that will be considered are desirable density, phasing of construction, and incorporation of other uses (such as retail) in the proposed facility. 4. Determine conceptual construction and project costs to enable a comparison of the costs of each alternative on an "apples-to-apples" basis. 5. Evaluate the various alternatives on the basis of qualitative criteria to be mutually agreed upon with the City. The criteria may include but are not limited to capital cost, life cycle cost, ability to generate revenue, location, visibility, site cost, pedestrian access, vehicular access, traffic impact, aesthetics, implementation time, security and future versatility. A weighted matrix will be used to achieve more objectivity and to rank the alternatives. 6. Contact the City to discuss the matrix analysis to agree upon weighting and other considerations. 7. Develop a recommended plan for improvements, including phasing of components corresponding to projected needs. 8. Prepare draft of task report. 9. Discuss the draft report with the City and incorporate their comments into the overall final report. FINANCIAL ANALYSIS 1 . Using the operating expense information provided by the client, project annual operating expenses for a five-year period, including but not limited to: . Direct labor (cashier, supervisors, accounting, maintenance, and security) and fringe benefits. . Utilities. . Supplies. . Daily maintenance (contracts and equipment). . Structural maintenance (a sinking fund for periodic major expenses). 2. Project estimates of probable construction costs, contingency costs and consulting fees using Walker's past experience and making necessary adjustments based on the research of local costs. The client will provide interest rate and term of loan inputs. Mr. Saul Frances Revised: July 9, 2001 Page 5 3. The City will prepare an area rate analysis for each of the following areas; South Beach, Middle Beach and North Beach. Using the rate analysis, Walke~1 with discussions with the City, will arrive at parking charges and fees. 4. Based on the information provided by the City, Walker will project the annual net operating income of the proposed facilities for a five-year period. 5. Prepare up to three (3) pro forma statements of net operating income, debt service coverage and projected cash flow for a five-year period, based on information provided by the City. Additional pro forma's can be prepared as requested by the client, which will be billed at our standard hourly rate. These statements are Ll2! suitable for use in obtaining financing. 6. Prepare a draft report summarizing all Walker efforts and discuss with the City. 7. Issue twenty-five (25) black and white copies and one (1) camera-ready copy of each task report after one (1) review with comments by the City. 8. Issue fifty (50) black and white bound copies and one (1) camera-ready copy of the final report after one (1) final review with comments by the City. 9. A total of seven (7) meetings with the client are planned for this assignment as follows: a) An initial meeting to review and further clarify the study objectives. b) Attend a charette for Middle Beach area. c) Attend a charette for South Beach area. d) Meet with City representatives to discuss Supply/Demand task report. e) Meet with City representatives to discuss Alternative Analysis task report. n Meet with City representatives to discuss Financial Analysis task report. g) Present the Final Report to City representatives. If additional meetings with or presentations to, public officials or other bodies are required, they will be considered an additional service beyond the scope of this assignment and can be handled on an hourly basis. DEUVERABLES 1 . Workplan, including progress schedule. A. Supply/Demand Analysis: 8 - 10 weeks B. Alternative Analysis: 4 - 6 weeks C. Financial Analysis: 3 - 4 weeks (Financial Analysis can run concurrent with the Alternative Analysis). Mr. Soul Frances Revised: July 9, 2001 Page 6 2. Supply/Demand Analysis technical memorandum. Separate memorandum for each of the following areas: North Beach, Hotel Corridor - South, South Pointe, South Beach, Hotel Corridor - Middle/North and Middle Beach. 3. Supply/Demand Analysis draft report. Separate draft reports for each area as stated in the Supply/Demand technical memorandum. 4. Public involvement technical memorandum. Separate technical memorandums for each of the following areas: North Beach, Middle Beach and South Beach. 5. Alternative Analysis technical memorandum. Separate technical memorandum for each of the following areas: North Beach, Middle Beach and South Beach. 6. Alternative Analysis draft report. Separate reports for each of the areas as stated in the Alternatives technical memorandum. 7. Financial Analysis technical memorandum. Separate memorandum for each of the following areas: North Beach, Middle Beach and South Beach. 8. Financial Analysis draft report. Separate reports for each of the areas as stated in the Financial technical memorandum. 9. Final parking master plan report. This report will incorporate supply/demand, alternatives and financial analysis draft reports along with your comments. 10. All work performed by Walker is detailed in the Scope of Services provided herein. Any additional work request beyond the specified Scope of Services can be performed as Additional Services on an hourly basis. PROFESSIONAL FEE Walker will provide the above Scope of Services for a lump sum fee of One Hundred Forty-Eight Thousand and Five Hundred Dollars ($148,500) plus reimbursable expenses. Reimbursable expenses shall be billed at 1.15 times the actual direct cost of transportation and subsistence of principals and employees when traveling in connection with the work, reproduction and printing, long distance telephone, facsimile transmissions and other project related expenses. All services will be provided in accordance with the attached Walker General Conditions Agreement. Walker Parking Consultants is committed to fully understanding your requirements for this project and meeting those requirements. We will provide responsive, cooperative and high quality professional services. Mr. Saul Frances Revised: July 9, 2001 Page 7 If this proposal does not meet your requirements, please call and we will discuss modifying it. If this proposal meets with your approval, please sign and return one copy;,indicating your acceptance and our authorization to proceed. Sincerely, WALKER PARKING CONSULTANTS ~ At?~I'h;k Project Manager Uday A. Kirtikar, PE Vice President UAK/mdm Enc. AUTHORIZATION Accepted th is day of ,2001 By: City of Miami Beach, Florida Signature Title GENERAL CONDInONS OF AGREEMENT FOR CONSULTING SERVICES . WALKER PARKING COt-lSULTANTS SERVICES .. Walker Parking Consultants/Engineers, Inc. (WALKER) will provide the CLIENT professional services that are limited to the work described in the attached letter. Any additional services requested will be provided at our standard hourly rates or for a mutually agreeable lump sum fee. Professional services are provided solely in accordance with written information and documents supplied by the CLIENT, and our services are limited to and furnished solely for the specific use disclosed to us in writing by the CLIENT. PAYMENT FOR SERVICES WALKER will submit monthly invoices based on work completed plus reimbursable expenses. Reimbursable expenses will be billed at 1.15 times the cost of travel and living expenses, purchase or rental of specialized equipment, photographs and renderings, document reproduction, postage and delivery costs, long distance telephone and facsimile charges, additional service consultants, ond other project related expenses. Payment is due upon receipt of invoice. If for any reason the CLIENT does not deliver poyment to WALKER within thirty (30) days of date of invoice, the CLIENT agrees to pay WALKER a monthly late charge of one and one half percent (1 Y2%) per month of any unpaid balance of the invoice. OWNERSHIP OF DOCUMENTS All documents prepored or provided by WALKER in any media are and remain the property of WALKER as instruments of service. Any use for modifications or extensions of this work, for new projects, or for completion of this project by others without WALKER's specific written consent will be at CLIENT's sole risk. STANDARD OF CARE WALKER will perform the services called for in the attached letter ond this agreement in accordance with generally accepted standards of the profession. No other warranty, express or implied, is made. WALKER's liability to CLIENT and all persons providing work or materials to this project os 0 result of acts, errors or omissions of WALKER shall be limited in the aggregate to $10,000 or our fee, whichever is greater. Any estimates or projections provided by WALKER will be premised in port upon assumptions provided by the CLIENT. WALKER will not independently investigate the accuracy of the assumptions. Because of the inherent uncertainty and probable variation of the assumptions, actual results will vory from estimated or projected results and such variations may be material. As such, WALKER makes no warranty or representation, express or implied, as to the accuracy of the estimates or projections. PERIOD OF SERVICE Services shall be complete the earlier of (1) the date when final documents are accepted by the CLIENT or (2) thirty (301 days after final documents are delivered to the CLIENT.